News Tips?
-- tips@phblend.com

PHB Mobile


About
-- The Blog
-- Pam | My home page
-- Autumn
-- Daimeon
-- Julien
-- "Radical" Russ
-- Terrance

Contact the Baristas

The Blend Blogrolls

Activism


Best of the Blend
Blog Posts

Special Events and Interviews

Blend-o-licious endorsements...



The Christian Civic League of Maine's Mike Hein calls Pam's House Blend:
"a leading source of radical homosexual propaganda, anti-Christian bigotry, and radical transgender advocacy."

He is "praying that Pam Spaulding will "turn away from her wicked and sinful promotion of homosexual behavior." (CCLM's web site, 10/15/07)


Ex-gay "Christian" activist James Hartline on Pam:
"I have been mocked over and over again by ungodly and unprincipled anti-christian lesbians."
(from "Six Years In Sodom: From The Journal Of James Hartline," 9/4/2006, written from the "homosexual stronghold" of Hillcrest in San Diego).

"Pam is a 'twisted lesbian sister' and an 'embittered lesbian' of the 'self-imposed gutteral experiences of the gay ghetto.'" -- 9/5/2008



Peter LaBarbera of Americans for Truth Against Homosexuality heartily endorses the Blend, calling Pam:

A "vicious anti-Christian lesbian activist."
(Concerned Women for America's radio show [9:15], 1/25/07)

"A nutty lesbian blogger."
(MassResistance radio show [16:25], 2/3/07)


Pam's House Blend always seems to find these sick f*cks. The area of the country she is in? The home state of her wife? I know, they are everywhere. Pam just does such a great job of bringing them out into the light.
--Impeach Bush


who monitors yours Bevis ?? Just thought I would drop you a line,so the rest of your life is not wasted.
--"Joe"

Content © 2004-2008
Pam Spaulding

House Blend logo © 2005
Melissa McEwan

Photo of Pam Spaulding
© Judy G. Rolfe
All Rights Reserved.


SITE TERMS AND CONDITIONS
Support the Blend




An Online Magazine in the Reality-Based Community.



NC outrage: two men charged with sodomy - even after Lawrence v. Texas

by: Pam Spaulding

Sun May 25, 2008 at 09:45:00 AM EDT


When the United States Supreme Court invalidated all state sodomy laws in the landmark 2003 Lawrence v. Texas ruling it didn't take those state laws off the books. Last night in my state, two men, in what appears to be a domestic dispute/sexual assault case that occurred in private, were charged by the police under the North Carolina's ridiculous "crimes against nature" law (CAN). From the Raleigh N&O:
Raleigh police first charged Nelson Keith Sloan, 40, of Grand Manor Court, who called them to his apartment about dawn, saying he had been attacked.

Police later filed the same charge against Ryan Christopher Flynn, 25, of Glen Currin Drive. They also charged Flynn with simple assault for biting Sloan. And they charged him with communicating threats by telling Sloan he was going to disembowel him and show him his innards.

"This looks like a case of a consensual act that may have gotten out of hand," said Raleigh police Capt. T.D. Hardy. "The law is still on the books. Our detectives got involved in it last night and decided this was the best thing to do. What the D.A.'s office will do with it, I don't know."

Sloan, however, said he was the victim of an assault. "I didn't allow anything," he said Saturday after being reached at home by phone. "They knew it and turned it around and arrested me. I have never been so humiliated in all my life. It's just awful."

And, in the ultimate outrage - the police did not charge Flynn with sexual assault. As you read, the police captain 1) doesn't believe a sexual crime occurred; and 2) doesn't have a problem with arresting the men under this law, when everyone knows a heterosexual couple would never be charged with CAN.

More below the fold.

Pam Spaulding :: NC outrage: two men charged with sodomy - even after Lawrence v. Texas
What exactly is this law?
Offenses against Public Morality and Decency.

§ 14-177.  Crime against nature.
If any person shall commit the crime against nature, with mankind or beast, he shall be punished as a Class I felon.

The penalty is up to 3 years in prison.  These cases almost never make it to trial, but the point is time and money are wasted as a result of these charges, and in this case, lets an actual crime -- sexual assault -- go unpunished. The North Carolina Gay Advocacy Legal Alliance (NCGALA) further states
In order to convict someone of CAN, prosecutors must prove beyond a reasonable doubt that an act of penetration occurred (that is, the state must prove that a penis was inserted into someone's mouth or anus, or that a tongue was inserted into someone's vagina or anus).
Sane legislators have been trying to get this law wiped off of the books for years, but the fundies have deep-sixed any efforts to do this.
State Sen. Ellie Kinnaird, a Carrboro Democrat and attorney, has tried for years to rescind the state statute, but the General Assembly hasn't been willing to do it.

"I press it every year," she said Saturday. "It would be politically difficult, but that doesn't matter -- it's unconstitutional."

Kinnaird's effort to repeal CAN was railed on by the Right back in 2001 as a measure that would "amount to promotion of the homosexual lifestyle."

So, while we celebrate the achievement of California's Supreme Court ruling that gay couples may marry, down here in NC, where that possibility is nowhere on the horizon, we're at the mercy of biased law enforcement officials too lazy to actually correctly assess and charge criminal activity by using an unconstitutional law to persecute a sexual minority.

More in this DKos diary, Q-Notes, and over at BlueNC.

Related:
* Maxine Doyle is Forgotten Today...

Tags: , , (All Tags)
Bookmark and Share
Print Friendly View Send As Email
"the'"crime?
If any person shall commit the crime against nature,

A very broad statute, since according to its interpretation, it adds up to 12 different possible sexual acts between men and men, women and women, men and women (I'm leaving beasts out for the moment).

It makes no mention of marriage, either.

Let's send half the state to jail!

"In order to maintain an untenable position, you have to be actively ignorant."  The Colbert Report


that's right, marriage never legalized sodomy
only intercourse is legalized, it is fornication if not married.  but sodomy stays sodomy, CAN stay CAN.  

[ Parent ]
... the hell?
So - we have biting, threats of violence and murder... and the cops somehow think this is CONSENSUAL?

God forbid they use the words rape or attempted rape - why because of gender? Another example of how sexism (which of course homophobia is rooted in) hurts everyone.

Absolutely appalling - I almost wish it would go to court, despite the expense - just to have a decent judge tear the "prosecution" case apart.


Exactly!
I was the victim of such a similar situation recently here in the Triangle area of NC and did not call the police.  Mainly because I would have had to deal with the more backward county sheriff instead of the local more liberal city police because of where I live.  My doctor who examined me couldn't understand why I didn't call either......this is the reason!   Very sad!!!

[ Parent ]
Ugh -
So sorry to hear that you've survived something similar!

Several of my friends, straight and gay, have survived abusive relationships, as well as exs and wanna-bes who can't take a hint - it's terrifying to know that law enforcement can change on a dime or a whim. If they don't protect everyone, they protect noone.


[ Parent ]
The result
Gay people in NC can't call police to report that they have been victims of crimes.  If they do, their complaints will be ignored, and they will be subject to arbitrary arrest.

The names of the arresting officers need to be published.  This incident can't go by without consequences for them.

"Our Liberties We Prize and Our Rights We Will Maintain" -- Iowa state motto


Totally agree...
The horrible thing is, since BOTH men were considered criminal offenders, both their names and general addresses (if seperate) could be published in the paper or on the news. Usually the victim of assault gets SOME protection and anonymity (and respect, but we already know that is sorely lacking).

[ Parent ]
Evidence?
Where's the evidence of their crime against nature?  as far as I can tell, the arrest on that charge was made merely on the assumption that they were gay and committing this on-the-books felony.  Since when was that legal?

I know, I know, since the Supreme Court installed Bush as president and are rights started trickling away. . . .

"In order to maintain an untenable position, you have to be actively ignorant."  The Colbert Report


maybe one of them said something about it
that's usually enough to arrest in a rape charge, even without evidence from a rape kit.  Or maybe there were used condoms and lube around, that'd be a clue.

[ Parent ]
You have a lurid imagination


"In order to maintain an untenable position, you have to be actively ignorant."  The Colbert Report

[ Parent ]
Didn't finish my thought
Lube is evidence?  Since when has possessing lube been a crime?

What about Crisco?

Salad dressing?

This is utter rot.

"In order to maintain an untenable position, you have to be actively ignorant."  The Colbert Report


[ Parent ]
Help me out here.
Since this law was declared against the constitution by the US Supreme court is it not illegal to enforce this law ie. false arrest?

Sex crime
So how is biting and threatening someone considered a sex crime?

Hopefully there is a civil suit to be made against the relevant civil authorities?
It's difficult to believe they wouldn't have known this was an unconstitutional law that could not be enforced, and yet they enforced it.

Some protection against CAN in NC
The NC Court of Appeals clarified how the Lawrence ruling may apply in with NC's current "Crimes Against Nature" statute in a case called State V. Whiteley (2005).  

http://www.aoc.state.nc.us/www...

It is not a slam dunk for any side of the argument, but it does narrow the application of the CAN statute in NC.

The ultimate remedy for this horribly worded statute will have to come from the NC General Assembly.  That body has historically chosen to avoid facing this issue by attempting to punt this to the courts to handle as case law rather than a legislative statutory rewrite.

Anyone charged with violation of CAN in NC (as opposed to say...solicitation of CAN as referenced in State v. Whiteley), would likely benefit from the services of an attorney familiar with this case law (visit the NCGALA link) and hopefully avoid this ridiculous felony.



Interesting ...

The US Supreme Court threw out sodomy laws EXCEPT in (4) instances.  The State can still regulate sexual activity like sodomy 1. involving minors 2. that is non-consensual or coercive 3. that occurs in public and 4. concerns prostitution.  In these four cases, the State can still regulate sodomy or "crimes against nature."

The North Carolina Supreme Court in "State v. Whiteley", which involved heterosexual oral sex, ruled that NC's "crime against nature" statute WAS constitutional when enforced 1. involving minors 2. without consent 3. in public or 4. involving prostitution.  If enforced for private consensual sodomy or oral sex, then it was clearly unconstitutional.

Therefore, when the police arrested these two men the police were in fact saying they believed there was non-consensual sodomy or oral sex acts between the two men.  The charge of "crimes against nature" is itself a charge of "sexual assault" in North Carolina ... a charge of non-consensual sodomy or oral sex.

Interesting ... if one isn't the poor victim of police harassment!  

The fight for full LGBT Equality is NOT over.  Be strong and be ready to really fight!  And read my blog in your spare time! http://ravenhurst-ravenhurst.b...


But...
Yes, Crime Against Nature can still be enforced in non-consensual cases, but it is not a charge designed for that. And if it was non-consensual, why were both men charged. We have sexual assault laws that are designed for this situation. The legislature needs to get rid of CAN entirely (as it applies to humans), and update the statutes on prostitution to apply equally to everyone.

As long as CAN is on the books it will be unfairly and illegally used to harass and discrimination against gay men.


[ Parent ]
Perhaps the NC Police Need An IQ Test

By their reasoning, both men non-consensually had sexual penetration with one another.  Picture that.  Mutual sexual coercive sodomy or oral sex, according to the arresting officers.  Now isn't that a creative legal argument?  Sort of a mutual and simultaneous rape.  Love to see the officers try to explain that one to a jury ... or better yet, hear them explain it to a judge at a civil trial!

The problem in North Carolina is a majority of the legislature fears the 30 second political ad where their opponent says X voted to bring "San Francisco Values" to North Carolina!  X voted to eliminate CAN!  Vote for me!  I understand family values like yours!

They fear that ad and thus will not touch CAN ever.  Stupid cowards.  It will take a couple of large law suits for false arrest or something  before the law is no longer enforced.  Then in a generation or so it will quietly be erased when the criminal code is generally revamped.

The fight for full LGBT Equality is NOT over.  Be strong and be ready to really fight!  And read my blog in your spare time! http://ravenhurst-ravenhurst.b...


[ Parent ]
World to North Carolina, it's 2008 not 1958!
I am actually very shocked to read this post. As a 5th generation Texan and Southerner I had always considered North Carolina a place in the South where common sense and respect for people at times (I didn't say always) trumped knee-jerk reactionism and neoconfederate social policy. I'm glad there are still officials in positions of authority keep my idealistic notions in check.

Hell, in my 37 years on the planet I have lowered the bar so low for my expectations of our countryman, I'm shocked that I'm shocked.

I hate to advocate drugs, alcohol, violence, or insanity to anyone, but they've always worked for me. Hunter S.


Just wondering
Does this mean that if they were found guilty of CAN then they would have to be registered sex offenders for the rest of their life?  

watashi no yomeiri wa doko desu ka

Menu

Make a New Account

Username:

Password:



Forget your username or password?




Join the Blend Chat Room



Report TOS Violations

Premium Sponsors



BlogAds






Search the Blend
Current site


PHB 2.0 Web
Search Blend 1.0 Archives
Ad Networks


BlogSheroes BlogAds


Miscellany

RSS Feeds

Subscribe with Bloglines

Visit NCBlogs


frontpage hit counter

Stats

Powered by: SoapBlox